The Department of Homeland Security (DHS) on May 23 announced a new body-worn camera policy that will be adopted across its nine law enforcement agencies.
The policy, which aims to enhance accountability and transparency among officers, applies to agencies such as the U.S. Secret Service, Customs and Border Protection (CBP), U.S. Immigration and Customs Enforcement (ICE), and the Federal Protective Service.
Under the policy, law enforcement agents will be required to wear body cameras in various scenarios such as emergency calls, pre-planned arrests and the execution of search warrants. However, the policy explicitly prohibits the use of body cameras solely for recording individuals engaged in First Amendment activities.
This policy update comes almost a year after President Joe Biden signed an executive order mandating a review of use-of-force policies in law enforcement agencies.
The policy also follows the recent disclosure of body-worn camera footage by CBP that showed Border Patrol agents fatally shooting a U.S. citizen who allegedly evaded a Border Patrol checkpoint in Las Cruces, New Mexico.
The CBP stated that the driver led them on a chase with his SUV and then on foot while repeatedly refusing to comply with agents’ requests to surrender.
The driver also allegedly struck one agent with a wooden club before he was shot 16 times. The American Civil Liberties Union (ACLU) of New Mexico called for an investigation of the incident and the public release of the agents’ video.
DHS Secretary Alejandro Mayorkas expressed the importance of accountability, transparency and effectiveness in department practices upon signing the new policy. “Requiring the use of body-worn cameras by our law enforcement officers and agents is another important step DHS is making to bring our law enforcement workforce to the forefront of innovation, and to further build public trust and confidence in the thousands of dedicated and professional law enforcement officers at DHS,” he said.
The new mandate also requires each agency within the DHS to develop or update their specific body-worn camera policies for law enforcement officers within the next 180 days.
These policies must meet or surpass the outlined standards and should encompass guidelines for carrying, operating, maintaining and securing the body-worn camera equipment. They must also include provisions for when to activate and deactivate the cameras, as well as address any specialized or sensitive investigative techniques or equipment that may require different treatment.
The origins of this policy can be traced back to President Biden’s executive order to advance effective, accountable policing and strengthen public safety, which was signed on the second anniversary of George Floyd’s murder.
Robert Griffin, dean of the College of Emergency Preparedness, Homeland Security and Cybersecurity at the University of Albany, praised the new policy, highlighting how cameras can provide an unbiased perspective to corroborate the actions taken by both officers and individuals they interact with. He also touted the positive impact of the role of cameras on society, law enforcement and the justice system.
“A camera can become the great equalizer between what an officer says and what people interacting with them say,” Griffin said. “(A camera) is a third party that can verify what actions were taken. It’s good for our society, our law enforcement and our system of justice.”
Before this recent announcement, several DHS agencies had already implemented their own body-worn camera policies over the past two years. For instance, CBP equipped approximately 6,000 cameras in August 2021, while ICE conducted a body-worn camera pilot program in November 2021. The Secret Service established a body camera policy in September 2022.
